Moultrie v. Scutt

Filing 23

ORDER denying 21 petitioner's Motion for permission to appeal in forma pauperis. Signed by District Judge George Caram Steeh. (MBea)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN MOULTRIE, n/k/a MUJAHID LATIF, Petitioner, Case No. 09-11543 HON. GEORGE CARAM STEEH vs. DEBRA SCUTT, Respondent. __________________________________/ ORDER DENYING PETITIONER’S MOTION FOR PERMISSION TO APPEAL IN FORMA PAUPERIS Before the court is petitioner’s motion for permission to appeal in forma pauperis, filed on November 4, 2010. On September 15, 2010, this court accepted and adopted the magistrate judge’s report and recommendation, denied petitioner’s petition for a writ of habeas corpus, denied the issuance of a certificate of appealability, and denied petitioner leave to proceed in forma pauperis on appeal. See Dkt. No. 15. On October 6, 2010, this court denied petitioner’s motion for relief from judgment. See Dkt. No. 18. On October 15, 2010, petitioner filed a notice of appeal. See Dkt. No. 19. On April 29, 2011, the United States Court of Appeals for the Sixth Circuit issued an order denying petitioner’s motion for a certificate of appealability and denied as moot -1- petitioner’s motion to proceed in forma pauperis on appeal. Accordingly, Petitioner’s motion for permission to appeal in forma pauperis is denied as moot. SO ORDERED. Dated: May 9, 2011 S/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on May 9, 2011, by electronic and/or ordinary mail. S/Josephine Chaffee Deputy Clerk -2-

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